Human Rights in the World Community: Issues and Action
496
Human Rights in the World Community: Issues and Action
496Paperback(Fourth Edition)
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Overview
Contributors: Seyla Benhabib, Fiona Beveridge, Claudia Card, Richard Pierre Claude, Wade M. Cole, Karen Engle, Tony Evans, Richard Fairbrother, Richard A. Falk, Judy Fudge, Conor Gearty, Anna Grear, Cindy Holder, Paul Hunt, Bonny Ibhawoh, Michael Ignatieff, Ratna Kapur, Harold Hongju Koh, Scott Leckie, Richard B. Lillich, Stephen P. Marks, Susan Marks, Robert McCorquodale, Daniel Moeckli, Siobhan Mullally, Martha C. Nussbaum, Jordan J. Paust, Christopher N. J. Roberts, Douglas Roche, Dinah L. Shelton, Penelope Simons, Margaret R. Somers, Felisa L. Tibbitts, Jonathan Todres, Ineke van der Valk, Jeremy Waldron, Burns H. Weston, Hannah Wittman.
Product Details
| ISBN-13: | 9780812247381 |
|---|---|
| Publisher: | University of Pennsylvania Press, Inc. |
| Publication date: | 04/01/2016 |
| Series: | Pennsylvania Studies in Human Rights |
| Edition description: | Fourth Edition |
| Pages: | 496 |
| Sales rank: | 484,016 |
| Product dimensions: | 7.00(w) x 9.90(h) x 1.10(d) |
About the Author
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Preface
This is the third edition of Human Rights in the World Community: Issues and Action. Since its first publication in 1989, students of human rights have witnessed in every hemisphere and on every continent a large array of states undertaking reform, becoming "emerging" or "re-emerging" democracies, and proclaiming support for the promotion and protection of international human rights. The second edition, published in 1992 soon after the dismantling of the Berlin Wall, reflected a post-Cold War aspiration, widely shared, to displace the sterile ideological posturing of superpower rivalry with a lively and constructive global human rights culture. This hope was manifest at the World Conference on Human Rights held in Vienna in 1993. Among other things, the Conference called "on all States and institutions to include human rights, humanitarian law, democracy and rule of law as subjects in the curricula of all learning institutions in formal and non-formal settings."
This third and wholly revised edition is intended to facilitate human rights education and to do so in support of the international resolves that were voiced in the 2000 "Millennium Declaration" whereby member states of the United Nations said they would spare no effort to promote democracy and strengthen the rule of law, as well as respect for internationally recognized human rights and fundamental freedoms. Since then, small networks of non state actors organized as terrorists have made even the most powerful states feel vulnerable, tempting some to surmise that countering terrorism should displace human rights as a priority on the global agenda. Moreover, within only five years after the Millennium Declaration, over 40 countries, by UN accounts, have been scarred by violent conflict. Challenges to human rights worldwide have featured wars, genocides, crimes against humanity, and reports of torture attributable to every country, including the United Kingdom and the United States, two countries that have long espoused the world rule of law. These deadly assaults on the roots of civilization and budding prospects for a humane world order tell us that it is time to relearn the message of the UN Charter and the Universal Declaration of Human Rights (UDHR): the global struggle for justice undertaken through peaceful means centrally includes everyone working for the recognition and implementation of human rights as the fundamental foundation of world peace.
In 2005, in a report entitled "In Larger Freedom," United Nations Secretary General Kofi Anan, taking both challenges and opportunities into account, sought to set a direction for our time:
We have it in our power to pass on to our children a brighter inheritance than that bequeathed to any previous generation. We can halve global poverty and halt the spread of major known diseases in the next 10 years. We can reduce the prevalence of violent conflict and terrorism. We can increase respect for human dignity in every land. And we can forge a set of updated international institutions to help humanity achieve these noble goals. If we act boldly—and if we act together—we can make people everywhere more secure, more prosperous and better able to enjoy their fundamental human rights.The time is now to take these words seriously, and one important—indeed paramount—way to do so is to encourage and facilitate human rights education on a widespread basis. Recognizing that bequeathing a bright inheritance to future generations is in significant measure done through education, the UN General Assembly, with help from UNESCO and the Office of the UN High Commissioner for Human Rights (OHCHR), thus has called for the development, beginning in 2006, of a "World Programme of Human Rights Education." Included is the development of appropriate texts and teaching materials—plowshares essential for tilling the groundwork of peace through justice.
This book brings such human rights materials together in one place for classroom use in many disciplines, including but not limited to political science, international law and relations, history, sociology, philosophy, religion, and of course education itself. Relying upon a broad distinction between issues associated with international human rights problems and action that seeks to implement human rights norms and standards, each of eight chapters contain essays by leading scholars and activists, preceded by an editors' introduction designed to orient the reader in the larger context within which the essays fit. To save on limited space, we have abridged most of the essays substantially; and to facilitate ease of use as well as save space, we have largely dispensed with ellipses and bracketed editorializing and footnotes. In all instances, however, we have remained otherwise faithful to the original language and intent of each author, and indeed rely on that language and intent to formulate "Questions for Reflection and Discussion" following each of the essays—questions that we hope will be helpful in analyzing the essays, in prodding new thinking, and in stimulating fresh research beyond the scope of the existing literature. They have been devised, too, with the general reader as well as the classroom student in mind. We hope the book will be of interest to the general reading public as well.
At the end of the book is a human rights bibliography that emphasizes relatively recent publications as well as selected "classics" in the field. On the theory that human rights are made tangible by eyewitness experience, an annotated filmography following the bibliography is set out also. Films are an important teaching device in our television age when, by way of international satellite hook-ups, TV brings into our homes broadcasts of "Live Aid" in response to hunger in Africa, superpower officials debating Middle East issues in geographically distant settings, and top performers (e.g., "U2" from Great Britain and the "Jazz Group" from Czechoslovakia) rallying support for international human rights. One way or another, we all have become eyewitnesses to human rights problems. Because the promotion and protection of human rights depends on everyone, the reader should familiarize herself or himself with the many NGO and other groups that serve human rights causes. They are easy to join and need the help of new members.
Human rights do not represent an abstract field of study. This is a field of work and way of life. It requires everyone's commitment, effort, and support. Thankfully we do not have to begin from scratch. The United Nations took the first step with the Universal Declaration in 1948, formulating internationally defined norms to which all states and peoples could commit. These standards form the basis on which the study of human rights is rooted. Hence, this volume concludes with two documentary appendices. The first (Documentary Appendix A) reprints and references the leading instruments known as the International Bill of Human Rights. The second (Documentary Appendix B) identifies both the original and primary digital references for the many human rights and human rights related instruments that, in addition to the International Bill of Human Rights, specify the doctrines, principles, and rules upon which the world seeks to build a community respectful of human dignity.
Of course, whether the world is up to the task of building a world community respectful of human dignity remains to be seen. That it should try to do so, however, is imperative and beyond debate. A credible case for this view can be made by those who have seen its opposite. An Argentine judge who served on the court that convicted military rulers in his country for human rights violations between 1976 and 1983 has argued that it is time to view human rights from a global perspective. According to Justice Judge Antonio Bacqué:
It has become obvious that technological idiocy, unbridled fanaticism and Realpolitik have pushed humanity, for the first time in its history, to the brink of a precipice where the mode and conditions of life are at risk. This danger may be averted only by paying unconditional respect to human dignity.We agree.
Table of Contents
A Warm Welcome from the Editors xiii
An Essential Guide to Use of Our Book xix
About the Authors xxiii
Acknowledgments xxvii
List of Abbreviations xxix
Part I Issues
Chapter 1 International Human Rights: Issues and Overviews 3
1 Human Rights: Concept and Content Burns H. Weston 7
Questions for Reflection and Discussion 16
2 "Framing the Project" of International Human Rights Law: Reflections on the Dysfunctional "Family " of the Universal Declaration Anna Geear 18
Questions for Reflection and Discussion 26
3 Capabilities, Human Rights, and the Universal Declaration Martha C. Nussbaum 27
Questions for Reflection and Discussion 35
4 Universalism Versus Cultural Relativism: An Appeal for Respectful Decision-Making Burns H. Weston 37
Questions for Reflection and Discussion 49
5 Globalization and Human Rights Robert McCorquodale Richard Eairbrother 51
Questions for Reflection and Discussion 62
6 Human Rights in the Twenty-First Century: Take a Walk on the Dark Side Ratna Kapur 63
Questions for Reflection and Discussion 70
7 Toward a New Sociology of Rights: A Genealogy of "Buried Bodies" of Citizenship and Human Rights Margaret R. Somers Christopher N. J. Roberts 72
Questions for Reflection and Discussion 76
Chapter 2 Basic Decencies 79
8 Genocide Claudta Card 83
Questions for Reflection and Discussion 89
9 Law, Otherness, and Human Trafficking Jonathan Todres 91
Questions for Reflection and Discussion 100
10 Torture and Positive Law Jeremy Waldron 101
Questions for Reflection and Discussion 111
Chapter 3 Participatory Rights 115
21 Civil Rights Richard B. Lillich 119
Questions for Reflection and Discussion 126
12 Equality and Non-Discrimination Daniel Moeckll 128
Questions for Reflection and Discussion 137
13 Racism: A Threat to Global Peace Ineke van der valk 138
Questions for Reflection and Discussion 145
14 International Human Rights and Body Politics Fiona Reveridge Siobhan Mullally 146
Questions for Reflection and Discussion 153
15 Borders, Boundaries, and Citizenship Seyla Benhabib 154
Questions for Reflection and Discussion 161
Chapter 4 Basic Human Needs as Security Rights 163
16 Another Step Toward Indivisibility: Key Features of Violations of Economic, Social and Cultural Rights Scott Leckie 170
Questions for Reflection and Discussion 178
17 The New Discourse of Labor Rights: From Social to Fundamental Rights? Judy Fudge 179
Questions for Reflection and Discussion 188
18 The Right to Health: Key Objectives, Themes, and Interventions Paul Hunt 189
Questions for Reflection and Discussion 197
19 Food Sovereignty: A New Rights Framework for Food and Nature Hannah Wittman 198
Questions for Reflection and Discussion 206
20 The Right to Education and to Human Rights Education Richard Pierre Claude Felisa L. Tibbitts 207
Questions for Reflection and Discussion 215
21 Culture as an Activity and Human Right Cindy Holder 217
Questions for Reflection and Discussion 221
Chapter 5 Community or Group Rights-"Solidarity Rights" 223
22 On Fragile Architecture: The UN Declaration on the Rights of Indigenous Peoples in the Context of Human Rights Karen Engle 228
Questions for Reflection and Discussion 237
23 The Right to Development: The Politics and Polemics of Power and Resistance Bonny Ibhawoh 237
Questions for Reflection and Discussion 245
24 Do Human Rights Help or Hinder Environmental Protection? Conor Gearty 246
Questions for Reflection and Discussion 254
25 Peace: A Sacred Right Douglas Roche 255
Questions for Reflection and Discussion 262
26 What Has Become of the Emerging Right to Democratic Governance? Susan Marks 263
Questions for Reflection and Discussion 272
Part II Action
Chapter 6 International Human Rights: Action Overviews 275
27 Human Rights: Prescription and Enforcement Burns H. Weston 279
Questions for Reflection and Discussion 293
28 How Is International Human Rights Law Enforced? Harold Hongju Koh 294
Questions for Reflection and Discussion 301
29 Human Rights as Myth and Ceremony? Reevaluating the Effectiveness of Human Rights Wade M. Cole 303
Treaties, 1981-2007 303
Questions for Reflection and Discussion 311
Chapter 7 Public Sector Approaches to International Human Rights Implementation 313
30 The United Nations and Human Rights Stephen P. Marks 316
Questions for Reflection and Discussion 327
31 Breakthroughs, Burdens, and Backlash: What Future for Regional Human Rights Systems? Dinah I. Shelton Dinah I. Shelton 329
Questions for Reflection and Discussion 339
32 Searching for a Jurisprudence of Conscience: International Criminal Accountability and Humanitarian Intervention Richard A. Falk 340
Questions for Reflection and Discussion 352
33 Human Rights Accountability in Domestic Courts: Corporations and Extraterritoriality Anna Grear Burns H. Weston 353
Questions for Reflection and Discussion 366
Chapter 8 Private Sector Approaches to International Human Rights Implementation 367
34 What Do Human Rights NGOs Do? Richard Pierre Claude 371
Questions for Reflection and Discussion 379
35 International Law's Invisible Hand and the Future of Corporate Accountability for Violations of Human Rights Penelop Simons 380
Questions for Reflection and Discussion 390
36 The Human Right to Revolution Jordan J. Paust 392
Questions for Reflection and Discussion 399
Chapter 9 Global Trajectories, Global Futures 403
37 American Exceptionalism and Human Rights Michael Jgnatieff 406
Questions for Reflection and Discussion 415
38 Corporations, Human Rights, and the Age of Globalization: Another Look at the "Dark Side" in the Twenty-First Century Anna Grear 416
Questions for Reflection and Discussion 426
39 Citizenship and Human Rights in the Age of Globalization Tony Evans 427
Questions for Reflection and Discussion 434
Postscript: Human Rights, Humane Governance, and the Future 437
Documentary Appendix A. Select Instruments (see uichr.org/WestonGrear)
Documentary Appendix B. Select Citations (see uichr.org/WestonGrear)
Select Bibliography (see uichr.org/ Weston Grear)
Select Filmography (sec uichr.org/WestonGrear)
Supplemental Readings (see uichr.org/WestonGrear)
Index 443